INDIANAPOLIS (WISH) — Carrier could receive at least $5 million in state incentives as part of a deal reached to keep roughly 1,000 in Indianapolis, I-Team 8 has learned.

John Mutz, a board member of Indiana Economic Development Corporation, which will vote on the incentives package on Dec. 13, told I-Team 8 that Carrier would receive what’s called an EDGE grant, which he said would include tax incentives of up to $5 million spread over 10 years.

Mutz, who said he was briefed on the deal this week, said he doesn’t know the full details as of Thursday , but said: “I don’t see how I could vote against given the benefits it has for jobs and Hoosier jobs and people I care about,” Mutz said. “But I want to read the fine print.”

Greg LeRoy, a policy watchdog with the non-profit Good Jobs First, said that his group has been highly critical of EDGE grants in the past.

In fact, LeRoy said his group published a 2012 study that found many of the EDGE grant incentives are crafted in such a way that employees’ withholding taxes often end up going back to the company – and not into state coffers.

“We think it’s bad policy,” LeRoy told I-Team 8.

LeRoy said in 16 states his group studied, including Indiana and Illinois, many of the incentives require no approval from the employees.

Carrier did not respond to an email with specific questions about the incentives package.

Both LeRoy and Mutz concede, however, that the state incentives were not what ultimately lured Carrier to retain more than 1,000 jobs in Indy.

Instead, both men contend that Carrier’s lucrative government contracts along with the company’s subdivisions’ large stake in the international export game likely played a major role.

“It was likely not part of the conversation,” Mutz said. “But United Technologies (Carrier’s parent company) – they aren’t dummies.”

I-Team 8 found that UTC garnered more than $16.5 billion in Pentagon contracts since 9/11. UTC and its subsidiaries produce aircraft and engine parts for the federal government.

Mutz said it likely makes up about 10 percent of UTC’s earnings. Federal financial records show the company currently has about $9.5 billion in contracts listed as “in progress,” according to SEC records.

But newly uncovered court documents obtained by I-Team 8 are raising questions about if police are shifting the focus of their investigation.

The records show that the missing Indianapolis woman may have been placed in the trunk of her own car and driven away from a northwest side apartment complex where she was attending that private party.

Details from the search warrant affidavit also show that detectives reviewed surveillance video and took DNA swabs from her Pontiac G6, which was discovered on the east side of Indianapolis.

The records show detectives may have discovered blood on a rear seatback.

Her car was discovered by authorities on Nov. 8.

The court documents also show that detectives believe Barlow went to an apartment complex on the northwest side of town through an acquaintance she met. Surveillance footage shows that Barlow’s car left around 3:30 a.m. It was followed by another car. Barlow’s mother told investigators that she had learned her daughter may have been with a man she had met at Club Rio, where Barlow worked as a dancer.

Fliers and billboards with Barlow’s picture have been strewn across social media asking for details of her whereabouts for weeks.

Her parents tell I-Team 8 that they are hoping someone will come forward but they know there are certain details have been kept from them.

“We just want her home,” Christina Kramer told I-Team 8’s Bennett Haeberle during an interview Wednesday. “We asked detectives about where the driver’s seat was placed, but they said they couldn’t tell us.

“It’s scary extremely terrifying to not know where she is at or what happened,” Christina said. “I’m sorry…,” she said fighting back tears.

“Somebody out there knows something,” she later said.

I-Team 8 recorded video of crime scene technicians on Monday leaving the northwest side apartment complex where Barlow was last seen.

Police would not release details on their activities, saying only that they were serving a search warrant as part of an ongoing investigation.

When asked if the focus of their investigation had shifted, IMPD Maj. Rick Riddle told I-Team 8 that the case remains a missing persons investigation.

INDIANAPOLIS (WISH) — Workers for the Indiana Voter Registration Project told state police investigators that they were under pressure to register voters for the 2016 election, which led some of them to admit to forging signatures and fabricating voter registration applications, according to newly released court documents obtained by I-Team 8.

The Indiana Voter Registration Project has been under a state police investigation for months.

A spokesman for the group – along with the group’s Indianapolis attorney – deny that their employees were required to meet daily quotas.

But at least three workers interviewed separately by state police investigators contend they felt pressured to register voters out of fear they would be fired or not retained. The workers were paid between $50 to $75 per five-hour shift, the records state.

“There was pressure on the canvassers to register 10 people per shift and if they failed to reach this number they would not be allowed to work again,” one worker told state police.

That same worker later admitted to fabricating and signing applications for five Indiana voters. State police have not commented publicly on the investigation since a raid on the Indiana Voter Registration Project’s office in early October. At the time, they said they were looking into allegations of problems with voter registration applications and urged voters to check out their registrations.

According to the search warrant affidavit, another employee told state police that she received one hour of training that “was role playing, general discussion, and a handbook. During the briefings she watched a short video about the ACORN organization.” She went to tell investigators that there was a “25 application quota per shift but at least 10 would keep you working.”

She went on to say that her supervisor told her “you don’t hear it from me but make sure that you receive at least 10 registrations in a shift. And he would say ‘by any means necessary’ and then laugh it off…”

Another worker told state police investigators that she failed to meet her quota and was not called back to work. She told investigators that she observed several employees not completing the certified statement of acceptance and giving completed voter applications to other workers who had not reached their quota for the day. She also told police that she witnessed several employees completing voter registration applications by copying from a list of registered voters, the records state.

Bill Buck, a spokesman for Patriot Majority USA – a non-profit parent company of the Indiana Voter Registration Project – said that many of the employees mentioned in the warrant: “were fired, let go, not called back or quit before the State Police became involved in this matter. In addition, most of the non-verified applications mentioned in the warrants were flagged as incomplete or inaccurate by the Project itself, as part of its quality-control process, in order to ensure that no ineligible individual or application made its way onto the Voter File.”

His statement went on to say: “It is unfortunate that the investigation did not give the Indiana Voter Registration Project the opportunity to explain this process or respond to the charges. If we had that opportunity to explain our quality control, a lot of time and resources could have been saved.”

“Finally, based on the available data provided so far by the Secretary of State’s office, the great majority of applications processed by the Indiana voter Registration Project were, in fact, processed by Clerks and entered into the state’s voter file, precisely because of the Project’s professionalism and quality-control systems.”

The Marion County Clerk told investigators that the project turned in more than 27,000 applications to her office, the court records state.

The search warrant affidavit, unsealed Monday, had been leaked to another news organization last week. That prompted two closed-door hearings in the chambers of a Marion County judge last week between prosecutors and defense attorneys for the Indiana Voter Registration Project.

At the time, Linda Pence, the group’s attorney, denied that there were quotas.

“There’s no quotas. But as you can imagine if somebody goes out and they don’t have any applications they are not doing their work ; so you expect people to come back with some applications. But there are no quotas. This is a respectable organization,” she said.

She went on to say that the group has been the targeted by Republicans.

“This is not voter fraud, this is making stuff up,” she said. Pence has not returned calls seeking comment this week.

Indiana State Police Superintendent Doug Carter has denied that party politics was involved.

The search warrant affidavit concludes by stating that investigators believe that employees with the project broke state law.

No charges have been filed in Marion County, according to a spokeswoman for Marion County prosecutor’s office.

Indiana State Police have said that the investigation began in Hendricks County. The clerk there told I-Team 8 last week that she noticed applications where the signatures didn’t match up and other instances where voters were already registered to vote.

INDIANAPOLIS (WISH) — State inspectors cited a south Indianapolis day care with six violations after a video surfaced on Facebook appearing to show a worker dragging a child by the arm.

The video posted to Facebook drew more than 35,000 views in its first day. It appears to show a small boy sitting on the ground of the daycare’s playground when a female worker at the La Petite Academy day care off Kildeer Drive appears to pick up the child by one arm and drag him. She later picks him up and carries him inside the facility. A man who recorded the video from a nearby business and posted to Facebook said he thought the behavior of the daycare worker was excessive.

The state agreed, citing the daycare with six violations after a visit on November 7, that include:

a caregiver used inappropriate, harsh discipline with a child

the director did not properly supervise a caregiver that used inappropriate discipline with a child

there two citations for no documentation of child abuse and neglect prevention/detection training with the previous 12 months for a caregiver that used the inappropriate discipline with a child

a caregiver did not summon for assistance on the playground when needed

there was a lack of supervision with preschool children on the playground

A spokeswoman for La Petite Academy said that worker in the video is no longer an employee there.

La Petite Academy day care also issued this statement to I-Team 8:

“We will continue to work cooperatively with the state Bureau of Child Development to ensure we fully meet or exceed all licensing requirements. We’ll continue to review our protocols on supervision and the positive guidance and redirection of children in ongoing training.We remain committed to providing high quality early education and nurturing care.”

No fines have been levied against the day care. Instead, the state’s Family and Social Services Administration said through a spokeswoman that it is working with the day care to address the issues.

No timetable exists for the day care to make the corrections, the FSSA spokeswoman said.

INDIANAPOLIS (WISH) — A Marion County judge wants to know how a sealed search warrant affidavit for an alleged voter fraud investigation was leaked.

Defense attorneys for a voter registration group, Patriot Majority USA, requested and were granted an emergency hearing Monday evening with a prosecutor and a Marion County judge after details of the document were published by another news outlet. I-Team 8 was present in the clerk’s office Monday evening but were kept out of the meeting held in the judge’s chambers.

At issue is a search warrant affidavit that the judge told I-Team 8 remains under seal.

Linda Pence, attorney for the voter registration group founded by a Democratic strategist, said that the Patriot Majority USA’s local outlet – the Indiana Voter Registration Project – was a “respectable organization” that helped register 45,000 voters in Indiana.

Pence said that the group has been the target of Republicans and denied allegations she says were levied against the organization.

“There are no quotas, certainly if people aren’t doing there work you expect them to have some applications… This is a respectable organization,” Pence said in an interview with I-Team 8. “It is not voter fraud. It is not voter registration fraud. It is just making things up. I am angered by the fact that this information is being leaked the afternoon before the election.”

Indiana State Police raided the office of the Indiana Voter Registration Project in early October. Authorities claim there were concerns about forged signatures and duplicative voter applications in more than 50 Indiana counties.

The investigation began after state police received from the Hendricks County clerk Debbie Hoskins, who said she noticed problems with “8 to 10” voter registration applications where voters were already registered or whose signatures didn’t match up with the voters’ on file.

INDIANAPOLIS (WISH) — Administrators with Indiana’s largest school district admit that they failed to properly monitor which schools performed monthly fire drills, following an I-Team 8 investigation.

What’s more, the district cannot explain what led to the lack of supervision.

That acknowledgment follows a months-long I-Team 8 investigation that found more than 70 central Indiana schools failed to perform or record the recommended number of fire drills during the last academic school year.

Those discoveries by I-Team 8 are raising serious questions about how well school safety is prioritized and if Indiana students are being placed at risk.

“You don’t want to learn the protocol when you actually have a fire or an emergency. Those drills are there for very good reason,” said Robert Solomon with the National Fire Protection Association, the non-profit agency that sets the national standard at ten per year in schools.

While Indiana does not adhere to the NFPA’s standards, 38 states do, Solomon said.

I-Team 8’s analysis found more than half of Indianapolis Public Schools – 36 out of the 64 schools reviewed – failed to perform a fire drill each month school was in session.

When asked about this performance, Solomon said: “They are falling way short.”

A spokesman for Indiana’s Department of Homeland Security, which encompasses the state fire marshal’s office, told I-Team 8 that penalties could be assessed, but that those are used only if problems persist.

“Indiana Department of Homeland Security and the State Fire Marshal look at each school’s record individually. We certainly urge monthly qualified drills to adhere to state law and for the safety of Indiana’s school children, however, the agency is not looking to penalize schools if they are generally completing drills and making a good faith effort to be compliant with state law,” the email from the department stated.

Through an open records request, I-Team 8 examined more than 2,000 pages worth of school safety records for the last three years of more than 200 area schools.

What we found:

72 out of 203 central Indiana schools fell short of the performing ten fire drills in the 2015-2016 school year

More than half of all IPS schools performed less than 10 fire drills last year

15 IPS schools have failed to meet the NFPA standard two years in a row

One IPS school performed two fire drills during 2015-2016 school year

When pressed about how this happened, IPS Superintendent Dr. Lewis Ferebee declined to comment, saying he would speak to a reporter after Tuesday’s night’s school board meeting. He left the room shortly after that meeting adjourned.

A district spokeswoman then referred I-Team 8 to Scott Martin, IPS’ Deputy Superintendent of Operations.

“We’ve reviewed those records as well and as we can tell there is a significant need for improvement,” Scott Martin, Deputy Superintendent for Operations told I-Team 8 during an interview Tuesday night. “It’s the district’s responsibility to make sure those happen…”

When it was pointed out that the district wasn’t doing that, Martin replied: “That’s why we have put things in place to make sure that does not happen again.”

As a result of I-Team 8’s investigation, Martin said he met with district principals to discuss the importance of the drills. The district now plans to conduct monthly assessments of schools rather than random ones; and all schools within IPS will be on a set calendar for both fire and disaster-preparedness drills.

I-Team 8 discovered that schools like McFarland Middle School performed two fire drills last year. James Whitcomb Riley Elementary performed just three, according to the district’s own records. Sidener Academy has failed to meet the district’s requirements for the past two academic years in a row. Parents we spoke to say they are pleased with the school, but blamed the oversight on a changeover in administrations.

Indiana state law does require that schools perform monthly fire drills, but the law also allows school districts the ability to substitute other disaster-preparedness drills — like lockdowns, earthquake or tornado drills – in place of a monthly fire drill. Those substitutions cannot occur, however, in back to back months or more than twice per semester, according to state law.

When pressed further about why the drills weren’t performed and why the district failed to monitor the schools, Martin said: “I can’t answer that. I don’t know. We follow up the best we can on them and obviously we did not do the job we needed to do to make sure the schools were compliant.”

“That’s terrible. They need to definitely step that up.” said Keith Finkton, a parent at one of the IPS schools that performed three fire drills during the 2015-2016 school year.

An IPS spokeswoman provided I-Team 8 with the following statement regarding our findings:

Indianapolis Public Schools is committed to ensuring the safety of our students and staff at all times. Our safety protocols mandated for all schools include a schedule of fire, tornado, earthquake and manmade hazard drills in alignment with state law. Our data in recent years highlights opportunities for significant improvement in compliance with our district drill schedule. We have enhanced our district monitoring and support processes and we are pleased to report that all IPS schools are current on their drill requirements for August and September of this school year. We look forward to collaborating with our school leaders to ensure this trend continues for a successful and safe school year. – Indianapolis Public Schools

I-Team 8 was also provided a copy of the district’s new drill schedule, which took effect after we notified the district of our findings:

The image of the new schedule is below:

.

Watch I-Team 8’s investigation tonight at 10 p.m. to hear more results of the investigation and the reaction from parents.

INDIANAPOLIS (WISH) — Attorneys for ITT Tech informed the state’s board of nursing that the now-shuttered for-profit college plans to file for bankruptcy.

Mike Minglin, general counsel for Indiana’s board of nursing, told I-Team 8 that attorneys for the school informed the state during a conference call Wednesday night. A spokeswoman for the law firm that represents ITT Tech, Faegre Baker Daniels, declined to comment.

“It appears according their attorneys in the next day or two – they may be filing bankruptcy,” Minglin told I-Team 8. “So any arrangements that have been made to date will likely change once the bankruptcy trustee gets appointed.”

Fortune Magazine, citing a source familiar with the situation, also reported that the for-profit school was preparing to file for bankruptcy.

News of a potential bankruptcy raises new concerns among state officials and students about what might happen to former ITT Tech students, especially nursing students, who are scrambling to figure out what schools will accept their credits, if their student loan debts will be forgiven and when they’ll be able to access their transcripts.

The Carmel-based ITT Tech announced last week that it was closing its campuses nationwide, citing an inability to comply with federal regulations by the U.S. Department of Education.

More than a dozen ITT nursing students drove two hours Thursday to attend the state’s board of nurse meeting. They were hoping to gain some insight from the board about what schools might accept their credits.

“It’s very frustrating and devastating, I can’t begin to put into words how awful this is,” said Shannah Markley, an ITT nursing student who says she is 12 weeks out from finishing her nursing degree. “Actual words (from the state) ‘We don’t know,’ that’s scary coming from the Indiana board of nursing. They don’t know. That’s everyone else’s future.”

Minglin said that the board is willing to help students but that there are a lot questions on if the students’ transcripts will be accessible if the college’s assets are frozen and taken over by a trustee.

“A lot of those questions are unanswered because we don’t know how soon we will be able to access their records,” he said.

Students interviewed by I-Team 8 say they are concerned they may have to eat their current debt and start over because their nursing credits won’t transfer to another institution.

“We feel like it’s just us. It’s not a good feeling. It’s not a pleasant feeling,” said Malorie Thompson, who said she was set to graduate in December.

Minglin said: “We don’t know the answer to that question, we hope that is not the case . The Indiana state board of nursing working with the state commission on higher education will do everything we can within our statutory authority to help the students get their records.”

An email to an ITT Tech spokeswoman was kicked back to a reporter, stating that she is no longer an employee.

Minglin said that most of the employees have been let go.

Emails provided to I-Team 8 indicate that ITT Tech is also no longer helping its students access their records.

Here is the email we obtained:

On August 25, 2016, without previous notice, the U.S. Department of Education imposed a series of new requirements and conditions on the ITT Technical Institutes, including imposing conditions on our institutions’ continued participation in the federal student financial aid programs that the Department of Education administers. We proposed alternatives to the Department of Education, including teaching out our students or giving us time to sell our schools to another company that would continue your education, but our alternatives were rejected. Therefore, after evaluating the impact of these new requirements on our institutions, we made the very difficult decision on September 6, 2016, to close our ITT Technical Institute campuses at the end of the June 2016 quarter.

For more information, click here to read the Communication Notice sent to students via email and posted on the internal student portal on September 6, 2016.

Since closing our ITT Technical Institute campuses on September 6, 2016, we continued to provide support services to assist students. Specifically, we retained personnel at a centralized office to respond to student emails and phone calls, update our www.itt-tech.edu website, send regular communication to students and alumni, and gather records. However, as a direct result of the actions taken by the U.S. Department of Education and our lender to cease operations and permanently close the business, we will no longer be providing these support services effective today.

Below is key contact information to assist you as you move forward:

Visit www.itt-tech.edu: Here you will find information, such how to request your transcript and download a list of schools in your area with programs of study similar to those offered by your school, or view a list of schools that ITT Technical Institute has articulation agreements with to help provide you with an opportunity to complete your program of study.

For information on GI Bill benefits and remaining entitlement, please contact the U.S. Department of Veterans Affairs Education Call Center at 1-888-442-4551 or visit http://benefits.va.gov/gibill/.

Please know we are extremely disappointed to have to discontinue our operations after more than 50 years of serving students.

We want to thank all of the men and women that have diligently served you throughout your studies at ITT Technical Institute. We, and they, apologize for this disruption to your education that we diligently worked to avoid and we sincerely wish you the best as you move forward.

Regards,

ITT Technical Institute

The students told I-Team 8 that they left Thursday meeting feeling increasingly frustrated and still searching for answers.

“I am very upset. I was crying in there. I don’t know what to say I have no words for them,” Markley said.

INDIANAPOLIS (WISH) — Gov. Mike Pence’s administration said it will continue to block Syrian refugees from entering Indiana until the federal government improves its security checks.

A statement from the governor’s spokeswoman came on the same day when attorneys for the state appeared before the Seventh Circuit Court of Appeals in Chicago.

Attorneys for the Pence administration were challenging a federal court ruling that found Pence’s attempt to block Syrian refugees from resettling in Indiana was discriminatory. The panel of appellate judges did not issue a ruling Wednesday, but heard from attorneys for the state, the ACLU and Exodus Refugee International — a group that helps refugees resettle in Indiana. Exodus and the ACLU filed a lawsuit alleging that the Pence administration overreached in its decision to strip benefits from refugees and prevent them from resettling in Indiana.

The Pence administration has remained adamant that the FBI has concerns over the State Department’s ability to regulate who enters the United States. Pence’s concern increased following the Paris terrorist attacks.

“The Governor’s position has not changed. So long as the Obama administration continues to refuse to address gaps in the screening of Syrian refugees acknowledged by the FBI and a bipartisan majority in Congress, Hoosiers can be assured that the Pence administration will continue to use every legal means available to suspend this program in Indiana unless and until federal officials take steps to ensure the safety and security of our citizens,” Pence spokeswoman Kara Brooks said in a statement provided to I-Team 8.

Marwan Batman, a Syrian refugee who resettled in Indiana in 2014, said he was saddened by the state’s position. Batman, who works an international market in Fishers, fled the war-torn Syria with his family in 2014 after the fighting between the government and opposition forces cost him his home and his business.

“I lost everything except his mom and sister. I lost a home,” Batman said, speaking through a translator. When asked if they were bombed? The translator said: “Yes.”

When asked directly about his opinion of the Pence’s administration’s stance on Syrian refugees, Batman said: “I was really sad. And (I) felt sorry for my friends and family because there is no place to go,” he said.

Cole Varga, executive director of Exodus Refugee International, told I-Team 8 by phone that he expects a ruling in their favor.

He said the group is expecting to help a few more refugees resettle in Indiana this month.

“Refugees get accused of a lot of things. In reality, they have lost everything. Their lives have been turned upside down. The reason they are starting over is that they have kids and want to have a decent life. They are fleeing terrorists, They are not terrorists themselves.”

INDIANAPOLIS (WISH) — Indiana’s Professional Licensing Agency has announced sweeping changes to its online licensing system in an effort to better protect nurses – and other professionals – from identity theft.

The move follows an I-Team 8 investigation and a series of reports that exposed how easily the state’s online renewal system can be manipulated.

Previously, the state only required that users seeking to renew their professional licenses use a number assigned by the state and the last four digits of their Social Security number.

The new changes, revealed to I-Team 8 this week, include allowing users to create a unique password. They are also required to create a security question, according to Trent Fox, a spokesman for IPLA. The changes are fluid, Fox said, noting that they may become more conspicuous for certain professions before others based on when their licenses are up for renewal.

The change comes years after nurses like Holly Aumick have already been victimized.

Aumick says she warned IPLA of this issue back in 2013 but was told it was computer glitch.

Aumick’s nursing license and identity was stolen by Holly Whyde, a Columbus, Indiana, woman who federal prosecutors say “masqueraded” as a registered nurse in an effort to get a job at a Columbus rehabilitation center run by Kindred Healthcare. Federal prosecutors said Whyde did it to hide from her own criminal past.

Prosecutors argued that Whyde “focused her life on crime” and concocted a scheme in which she stole the nursing license of a registered nurse and used it to obtain a high-paying job as the director of nursing at a Columbus, Ind. rehabilitation facility where she earned more than $100,000 annually.

Prosecutors also allege that Whyde shared the same first and middle name as her victim, Holly Marie Aumick, and used that to her advantage by accessing the state’s professional licensing system online, changing Aumick’s personal information – including her address.

“I was just surprised, I was shocked. How did she do this? Why did she do this?” Holly Aumick said

In June, Whyde pleaded guilty to charges of aggravated identity theft and making false statements related to a health care matter. She was sentenced to two and a half years in federal prison.

But she’s not alone.

Federal prosecutors have also charged Ashley Johnson, an Indianapolis woman accused of stealing the nursing licenses and identities of two other nurses – both of whom are named Ashley Johnson.

Court records show even after being fired from one job after questions were raised about her identity, Johnson sought to use another nurse’s identity to gain a job at a north side Indianapolis nursing home. During her time there, there was a complaint about her patient care.

I-Team 8 asked for an on-camera interview with an IPLA administrator; we wanted to ask about why these changes took so long and what prompted these specific changes. Our request was denied. Previous requests for on-camera interviews have been denied as I-Team 8 has reported on other problems within the agency.

In an emailed response. Fox wrote:

The new process is open to every licensee under the umbrella of IPLA. Individuals now have the ability to create their own username to log in to the system. Additionally, they are now required to generate a security question unique to them. The agency respectfully denies your request for an on-camera interview, but certainly appreciates your time and effort in this matter. As I have mentioned before, the security of every licensee’s information is paramount and the agency is continuously reviewing ways to ensure such information is protected.

Lorie Brown, a registered nurse and attorney who often represents nurses facing disciplinary matters before IPLA, said I-Team 8’s reports likely spurred some of the change.

“I think your report exposed a lot of the things with the system that were wrong and that there was probably a lot of demand to have it changed,” Brown said. “When it does finally get changed for everybody it will be great because it will be not so easy to impersonate a nurse.”

INDIANAPOLIS (WISH) — A former power company executive accused of filing false expense reports that cost his former employer a half million dollars asked a federal judge Wednesday if he could go on vacation.

Donnis Mizelle, who is accused of costing the Hendricks Power Cooperative more than $500,000, was released following his hearing on Wednesday.

Mizelle has agreed to plead guilty to one count of wire fraud. As part of a condition of his release, Mizelle, 55, is supposed to remain in Indiana. But his attorney asked a judge if he could leave to go to North Carolina next month on a pre-planned vacation. The judge said that would be up to pre-trial services and offered no decision either way.

Ironically, Mizelle is accused of falsely billing his company for expenses that turned out to be funding a personal vacation for him and his family to Orlando, Florida.

Federal prosecutors say that over a six year period – from 2009 to 2015 – Mizelle “engaged in a scheme to defraud (Hendricks Power) by making numerous false entries on expense reports to obtain fraudulent reimbursement payments for a wide range of personal expenses, including jewelry; flights and lodging for family vacations, tickets to Indiana Pacers; Indianapolis Colts, and Indianapolis Indians games; smartphones, tablets, GPS devices and other electronics.”

Prosecutors also alleged that Mizelle’s expense reports included “false descriptions” of the goods and services he purchased and concealed the personal nature of the purchases.

Asked directly for an explanation on why he misappropriated all that money, Mizelle quickly walked toward the door of the federal courthouse and ignored a reporter’s questions.

While the two sides have not agreed on a prison sentence, he could face up to 20 years in prison.

Hendricks Power Cooperative fired Mizzell as its CEO in March of 2015.

A spokeswoman for the power group said that people have been supportive and that the incident should not affect ratepayers. The cooperative released a statement that read in part:

Hendricks Power has been and continues to fully cooperate with law enforcement and supports the outcome of their investigation. While insurance has covered the majority of losses, it is the cooperative’s intent to recoup full financial restitution to Hendricks Power and our insurance partner.

]]>Wed, 31 Aug 2016 23:22:29 +0000Hendricks PowerProsecutor: Investigation into death of child found at Plainfield day care ‘still active’http://wishtv.com/2016/08/30/prosecutor-charges-will-not-be-filed-in-death-of-16-month-old-in-plainfield-daycare/
Tue, 30 Aug 2016 15:59:31 +0000http://wishtv.com/?p=481447]]>An earlier version of this article included incorrect information. Corrections have been made below

PLAINFIELD, Ind. (WISH) — Hendricks County Prosecutor Patricia Baldwin says she mistakenly told WISH-TV Tuesday that she did not anticipate filing charges in the death of a 16-month old child found unresponsive at a Plainfield day care.

Baldwin now says she was referring to a different case.

“I was referring to the more recent case. I was distracted. I don’t blame you at all,” Baldwin said in a phone interview late Tuesday afternoon.

WISH-TV had called to ask about the status of the case involving a 16-month old child who was found unresponsive at a Plainfield in-home day care. That child later died at the hospital.

Baldwin corrected her previous statements to reflect that the case involving the 16-month old girl remains “active and under investigation.”

A spokeswoman for the Plainfield Police Department confirmed the matter remains under investigation. Baldwin said her office is still waiting word from the Marion County Coroner’s Office. Chief Deputy Coroner Alfie Ballew said the child’s death is pending and the manner of death is still pending.

Baldwin said she was initially referring to a case from over the weekend that involved a four-month old child suspected of suffering from sudden infant death syndrome.

While layoffs and furloughs appear to be unlikely, according to the mayor’s staffers who briefed reporters, Hogsett’s administration is prepared to announce its plan to “smart-size” the city – eliminating hundreds of positions that are not essential to government function.

The process will be done strictly through attrition by not filling open positions when someone from city government leaves or retires.

The process could eliminate hundreds of positions within city government but will help with the overall goal of reducing the city’s structural deficit, which is historically around $50 million annually, Hogsett staffers told reporters.

Under Hogsett’s proposed budget, many positions – or their responsibilities – could be reassigned or restructured through closer examination of the department’s processes to see if any “duplicative roles” can be eliminated, the staffers briefed on the budget told reporters.

The attrition effort will only affect city government departments, not those controlled by the county.

During a budget briefing held Monday afternoon, the mayor’s chief of staff, Thomas Cook, told reporters that the mayor doesn’t necessarily think that a reduction in workforce “equates to a reduction in services.”

“Hundreds of jobs won’t be back-filled,” Cook said.

The plan also calls for restructuring the benefits packages for new city hires starting in 2017. Hogsett staffers said that this change in retirement benefits will save millions for the city.

City Controller Fady Qaddoura told reporters that on average, the city of Indianapolis takes in less money than it spends.

“This is not sustainable and we need a new strategy,” he told reporters during a briefing. “What we are looking at this as a three-year strategy.”

In years past, Qaddoura said the city government has relied on one-time influxes of cash to help balance the city’s books – like it did in 2011 with sale of the water company.

The problem is, Qaddoura and Cook admit, the city doesn’t have any major assets it can sell to help make up for the historically $50 million annual deficit. As a result, the Hogsett administration has been forced to ask departments do more with less.

“People have to come us and asked for money and we’ve told them ‘No,'” Cook said, describing an oversimplified process by which savings have already been achieved.

Hogsett’s staffers said that next year’s budget will mark the first time in years that the mayor is appropriating less money than the year before. How much less? The proposed budget calls for decreasing spending by $12.7 million.

Through a complicated process of asking departments to spend less, paying down debt service with tax increment finance funds and achieving a one-time influx of $13 million in state money, the Hogsett administration says it has been able to reduce the city’s structural deficit by $23.8 million.

So what does the budget include?

The capital projects appear to be austere and include funding of basic services – as well as some equipment upgrades – for police, fire and EMS.

Among the highlights provided by the mayor’s office:

CAD system for IMPD and data-drive public safety

Construct two IFD stations

Police cruisers/ fire apparatus

$5 million in Parks funding

Solid waste trucks and equipment

Voting equipment

Chief Ernest Malone told I-Team 8 that his budget calls for replacing aging fire stations in Fountain Square and Franklin township. The move comes after his department announced a restructuring plan earlier this that shuttered the doors on Fire Station 16 in Broad Ripple and consolidating it into Station 32.

The budget plan also calls for hiring 86 new IMPD officers.

It also includes a four-year plan to fund $200 million worth of transportation projects. But when I-Team 8 brought up the fact that the city’s current infrastructure repair needs are closer to $1.5 billion, Qaddoura admitted that the city simply doesn’t have the money to find the city’s entire need.

That revelation uncovered by I-Team 8 – that public money might be involved to reimburse those attending a private function – raises new questions about the conference and the influence it has on Indiana’s legislators.

Rep. Tim Wesco, Rep. David Heaton, Rep. Ron Bacon, and state Sen. Jim Buck are the four lawmakers seeking mileage reimbursements for travelling to the conference, according to the information provided through the Legislative Services Agency.

An I-Team 8 analysis of the reimbursement formula shows the reimbursements add up to more than $490 in potential gas money for the four lawmakers who drove the conference.

In a recent interview, Sen. Buck said that the conference is about “pure education” and is a “time saver for lawmakers” who are looking for ways to help their states. Other supporters of the non-profit charity say it’s a great place to exchange ideas on the principles of federalism and limited government.

“It’s a great experience,” said Rep. Heath VanNatter told I-Team 8 in a recent interview. “You get to see what’s working well elsewhere.”

Other Indiana lawmakers attending the event said it was good experience.

“I think about one out of four state legislators are members of ALEC. This is a place where you can exchange ideas of what they are doing in different states and how they are approaching things. And I think it’s a good exchange of ideas,” state Sen. Dennis Kruse said.

But critics charge that ALEC is more about buying influence by allowing corporations and their lobbyists exclusive access to lawmakers where they then can together on so-called “model legislation” behind closed doors.

“It’s lobbying organization masquerading as a charity,” said Julia Vaughn with Common Cause Indiana.

Reporters were invited to attend the conference but were barred from covering so-called “task force meetings” where votes on the model legislation took place.

When we asked ALEC spokesman Bill Meierling why those meetings were kept private, he said “The reality is that people want to have free, open debate and discussion and sometimes they require privacy.”

When pressed by I-Team 8 if public laws were created behind closed doors, Meierling said, “They are not laws – they are discussions of model policies.”

An I-Team 8 investigation found that those model policies are often carbon-copied into Indiana’s Statehouse. For example, I-Team 8 discovered a resolution pushing for local control of coal emissions was copied word for word from an ALEC resolution. An ALEC-backed policy that called for the repeal of a common construction wage became part of Indiana law last year.

During our time covering the three-day conference, I-Team 8 was told it would not be permitted to cover any task force meeting where votes on model legislation occurred. One of those meetings, a tax policy gathering, was led by a New Hampshire lawmaker whose nameplate was next to a lobbyist for the alcohol and tobacco industry. Two nights earlier, an I-Team 8 reporter noticed several ALEC attendees had returned to the hotel bar from a private cigar party.

I-Team 8 pressed Indiana lawmakers on the after-hours get-togethers and whether they bore any influence on how they voted.

“We just have get togethers,” Rep. Heath VanNatter said.

When asked if it greased the wheels to vote a certain way, he said, “No. I do what’s best for my constituents.”

Julia Vaughn says what goes on at ALEC should be transparent.

“When lawmakers are meeting with lobbyists, we should know about it,” Vaughn said. “And when they are wining and dining, taking them out golfing, we should know about that. And we do if they are doing it under their corporate role. But when they are doing it as a member of ALEC, they get to hide behind a curtain.”

ALEC is considered by the IRS to be a non-profit charity, meaning its donations are private and tax deductible.

Sen. Buck said that private donations are necessary for ALEC to raise money for its scholarship funds that help offset the costs of lawmakers attending the conferences. When asked about the criticisms lobbed at the group for not being transparent enough, Buck told us, “To try to say that this is all secret is misleading to say the least.”

When asked about the private scholarship funds, Buck said he had received scholarship money in the past but could not immediately recall how much.

ALEC has had to shoulder the burden in recent years of losing corporate sponsors like Google, Coca-Cola and most recently AARP. The senior-associated group announced on its Facebook page last week that it was cutting ties with ALEC.

This statement was posted to AARP’s Facebook page Friday morning:

After hearing from many of you, we’ve decided not to renew our membership to ALEC. We would never work against the interests of older Americans and our engagement with ALEC was NOT an endorsement of the organization’s policies, but an opportunity to engage with state legislators and advance our members’ priorities.

AARP is and always has been non-partisan. We meet with legislators from both sides of the aisle in order to do our job: fighting to improve the lives of people 50+. We will continue to explore ways to serve our diverse membership and fulfill our responsibility to engage with all legislators on the issues important to older Americans and their families.”

INDIANAPOLIS (WISH) — Hundreds of lawmakers, lobbyists and representatives from major corporations are expected to gather in downtown Indianapolis this week for the American Legislative Exchange Council’s annual conference.

On Wednesday, they were met by hundreds of protesters from unions and other groups opposed to ALEC. The protesters who gathered outside the JW Marriott Hotel (where the conference is being held) chanted: “Hey hey, ho ho, ALEC has got to go.”

ALEC, non-profit charitable organization, has been mired by criticism in recent years — accused by opponents of acting as a middleman between corporate interests and lawmakers.

Officials with ALEC admit their conference is intended to be about “education and an exchange of ideas” including discussions of model legislation that can be adopted in other states.

“The primary benefit to belonging to ALEC is pure education. You learn about issues that you would never have the opportunity to learn,” said State Sen. Jim Buck, R- Kokomo, and an ALEC state vice chairman.

State Sen. Jim Buck, R- Kokomo, denied that laws are discussed, saying that they are “model legislation.”

But I-Team 8 found at least two recent pieces of legislation – one bill and one resolution – that appear to have been directly influenced by ALEC. One resolution, sponsored by Rep. David Wolkins, was a pro-coal resolution that urged Congress and the Obama administration to allow states the ability to police their emissions. Language from the ALEC resolution was copied word for word into Wolkins’ resolution.

In addition to that, I-Team 8 found language in a bill that repealed a common construction wage appeared to have been influenced by ALEC.

“From our perspective they are a lobbying organization masquerading as a charity,” said Julia Vaughn with Common Cause Indiana.

Vaughn’s group was among those protesting the conference on Wednesday.

“So clearly they are intimately involved in the legislative process. We believe if that’s the case – there is nothing wrong with that. Lobbying is legitimate. It’s an activity protected by the Constitution.
But you need to be doing it in the light of day. You need to be transparent about it.”

Bill Weierling, vice president of public affairs for ALEC, contends that the group is transparent.

He told I-Team 8 that the group’s model legislation is available for public inspection online and that his group is open to policy debates and discussion. He encouraged those who have criticisms of ALEC to join the group where they could be engaged in the debate and exchange of ideas.

An I-Team 8 reporter’s press credential allows him access to workshops, breakfast and luncheon discussions but not task force meetings where model legislation is often discussed and voted upon by ALEC members and lawmakers.

When pressed about why task force meetings aren’t open to the public, he said: “The reality is people want to have free, open debate and discussion and sometimes that requires privacy.”

I-Team 8’s Bennett Haeberle pressed: “But aren’t public laws being made in private?

Meirling; “They are not laws. They are discussions of model policies.”

Haeberle: “That could potentially become law?”

Meirling: “Potentially pieces of them could become law.”

Vaughn also criticized ALEC for providing scholarships to lawmakers who attend ALEC conferences. According to ALEC’s website, private members of the non-profit organization pay higher fees than lawmakers. In turn, that money is often used to provide financial assistance for lawmakers attending ALEC conferences, Buck confirmed.

“Without the scholarships, some lawmakers would not be able to attend,” Buck said.

When asked if those dollars would potentially buy influence of the lawmakers attending, Buck said: “It influences them in this way. They are smarter and wiser on a holistic basis.”

Buck said at least 16 Indiana lawmakers plan to attend this week’s ALEC conference. Buck denied that taxpayer dollars were involved. But records obtained by I-Team 8 show that 13 Indiana lawmakers have asked for mileage reimbursement for attending the conference.

Indiana Gov. Mike Pence was initially supposed to give a speech during the opening luncheon but because he was campaigning with Donald Trump, Pence was rescheduled to give a speech at the conference on Friday.

The move came after VA officials admitted they made a mistake by not closely monitoring which doctors performed the exams. The VA’s own rules dictate that a psychologist, psychiatrist, neurosurgeon or neurologist must give the initial TBI exams. After an internal investigation, the VA determined it should offer roughly 24,000 veterans nationwide a new TBI exam. Letters were sent out to veterans around July 1. Veterans who qualify have exactly one year to take advantage of the new testing, VA officials announced.

The decision follows a series of reports a Minneapolis TV station uncovered that show hundreds of veterans may have been misdiagnosed by practitioners who were not qualified to perform the exams.

According to the Veterans Benefits Administration, 309 Hoosier veterans are eligible for new exams.

“There is no indication — or a very little indication — that misdiagnoses occurred. But we don’t want to take any chances. But we don’t want to take any chances and we want to assure that the exams are done consistently by the same group of specialists,” Dr. Brian Hancock, the director of the Indianapolis VA Roudebush Medical Center, told I-Team 8.

But other published reports cited examples to the contrary. I-Team 8 posed the questions to VA officials in Indianapolis launching a nationwide public relations campaign to spread the word about how the VA has improved patient wait times, increased staff and cut down on other bureaucratic issues plaguing veterans.

“While we have accomplished much in regards to the original claims, the greatest obstacle we are facing is a backlog in our appellate workload,” Terria Dowdy with the Indianapolis VA Regional Office told I-Team 8.

At the time, Dowdy could not confirm the number of Hoosiers who might affected. I-Team 8 later learned the number was 309.

If you are an Indiana veteran who received this letter or believe you should be entitled to a new TBI exam, please email I-Team 8 reporter Bennett Haeberle at bennett.haeberle@wishtv.com or call the I-Team 8 tipline at 317-956-8850.

INDIANAPOLIS (WISH) — City-county Councillor Jared Evans blamed both the Department of Public Works and the city-county council for failing to make infrastructure projects a priority.

“This city has a $1.5 billion needs list. We should be spending upwards of $250 million a year maintaining what we have. It’s a huge issue and quite frankly it’s not getting enough attention,” Evans, D – District 22, said during an interview with I-Team 8.

His remarks came a day after an I-Team 8 investigation uncovered the city has known about – but largely ignored – problems with a deteriorating street in Evans’ district.

Records uncovered by I-Team 8 show the city’s Department of Public Works has failed to address a deteriorating portion of Westbrook Avenue that residents have complained about for more than four years. The department says it’s due to a lack of funding.

“That is frustrating. Let’s just own the facts – let’s own up to it. This is an issue that we’ve put off for five years now and this goes back to the frustrations of homeowners – they pay their taxes and they don’t get anything in return,” Evans told I-Team 8’s Bennett Haeberle during an interview Wednesday.

Evans says he plans to meet with the Department of Public Works soon to discuss other infrastructure issues within his district. Still, he says it is a city-wide problem. He also said DPW shouldn’t shoulder all the blame.

“(The council) should have made it more of a priority,” he said.

I-Team 8’s investigation highlights a complicated problem with Indianapolis’ infrastructure: neighbors who complain that their local government has failed to listen to their concerns, and a department that says it now lacks both the resources and the dollars necessary to address problems like this.

There are dozens of smaller infrastructure projects left over from the height of the city’s Rebuild Indy efforts, but fewer funds available to address them.

An I-Team 8 review of budget records provided by the city shows that funding for bridge replacement has dwindled in recent years – from its peak of more than $26 million in 2011 to $5.8 million in last year’s budget.

Neighbors living along Westbrook Avenue say metal plates were installed years ago as part of a temporary fix to their crumbling street. They are still there.

Erosion caused by localized flooding of a nearby creek has left holes in the road’s surface.

A DPW inspector’s note from a March 2012 notes that the hole is “several feet deep” and “while it may not pose a hazard to cars or trucks, it could very possibly be a hazard to motorcycles, bicycles and pedestrians.”

David Tucker has lived along Westbrook Avenue for years.

“It’s the inner city. It feels like they don’t care,” Tucker said. “I want to make sure this gets fixed right.”

With more than 20 bridges slated for replacement in Indianapolis, work has only been completed on one of them and begun on another, I-Team 8 has learned.

“The City of Indianapolis has about 540 structures out there and this is one of the structures that is in disrepair and we need to get it fixed,” Melody Park with the Department of Public Works told I-Team 8. “But we have 145 that are not in the fair condition and we need about $62 million to fix it.”

The problem, Park says, is money.

“We are depleted with resources, both personnel as well as the funds, but we try to do best we can and provide the best service that we can with what we have,” Park told I-Team 8.

That reality has still left neighbors along Westbrook Avenue feeling like they’ve been neglected.

“After a while you just get used to it, but you can hear it all night long,” said neighbor Samantha Pittman.

The metal plates were installed as a temporary solution until the bridge could be replaced in 2018, according to Park.

Park initially told I-Team 8 that the city has known about the issue for “over a year.” But a Google street view image shows metals plates were on the road in 2011. Records obtained by I-Team 8 through an open records request show that complaints were registered with the Mayor’s Action Center as early as 2012.

A DPW spokesman said Wednesday in an email that the city had no follow-up response to our report but that it was working with its operations crew to determine the next best time to conduct repair work on the street.

“Our team needs at least three days of fair weather conditions to begin work on the bridge,” DPW spokesman Warren Stokes said in an email. “We will have more details on our schedule by Friday.”

INDIANAPOLIS (WISH) — Records uncovered by I-Team 8 show the city’s Department of Public Works has failed to address a deteriorating Indianapolis street that residents have complained about for four years. The department says it’s due to a lack of funding.

I-Team 8’s investigation highlights a complicated problem with Indianapolis’ infrastructure: there are dozens of smaller infrastructure projects left over from the height of the city’s Rebuild Indy efforts but fewer funds available to address them.

An I-Team 8 review of budget records provided by the city shows that funding for bridge replacement has dwindled in recent years – from its peak of more than $26 million in 2011 to $5.8 million in last year’s budget.

Neighbors living along Westbrooke Avenue say metal plates were installed years ago as part of a temporary fix to their crumbling street. They are still there.

Erosion caused by localized flooding of a nearby creek has left holes in the road’s surface.

A DPW inspector’s note from a March 2012 notes that the hole is “several feet deep” and “while it may not pose a hazard to cars or trucks, it could very possibly be a hazard to motorcycles, bicycles and pedestrians.”

David Tucker has lived along Westbrooke Avenue for years.

He says his complaints to the city about the metal plates have yielded little results.

“It’s the inner city. It feels like they don’t care,” Tucker said. “I want to make sure this gets fixed right.”

With more than 20 bridges slated for replacement in Indianapolis, work has only been completed on one of them and begun on another, I-Team 8 has learned.

“The City of Indianapolis has about 540 structures out there and this is one of the structures that is in disrepair and we need to get it fixed,” Melody Park with the Department of Public Works told I-Team 8. “But we have 145 that are not in the fair condition and we need about $62 million to fix it.”

The problem, Park says, is money.

“We are depleted with resources, both personnel as well as the funds, but we try to do best we can and provide the best service that we can with what we have,” Park told I-Team 8’s Bennett Haeberle.

That reality has still left neighbors along Westbrooke Avenue feeling like they’ve been neglected.

“After a while you just get used to it, but you can hear it all night long,” said neighbor Samantha Pittman.

The metal plates were installed as a temporary solution until the bridge could be replaced in 2018, according to Park.

Park initially told I-Team 8 that the city has known about the issue for “over a year.” But a Google street view image shows metals plates were on the road in 2011. Records obtained by I-Team 8 through an open records request show that complaints were registered with the Mayor’s Action Center as early as 2012.

In an email follow-up to Park and a DPW spokesman, neither addressed how long the department has known about the issue.

Neighbors say, over time, it appears to have gotten worse. In June, when city inspectors returned to conduct a routine site inspection, neighbors snapped photos of large holes in the ground once the plates were removed.

“I about flipped out. I could not believe the hole was that big. It’s terrible,” Tucker said.

Neighbors say that I-Team 8’s investigation appears to have expedited work on the street. Spray-painted markings and flags could be spotted along the street this week.

A DPW spokesman emailed I-Team 8 to note that preliminary work is scheduled to begin this week to repair the street, although the bridge will not be replaced until 2018.

INDIANAPOLIS (WISH) — Indiana’s Professional Licensing Agency plans to make changes to the way Indiana nurses renew their licenses, I-Team 8 has learned.

Internal discussions are underway, according to an IPLA spokesman, who said there is no clear timetable on when the changes will be implemented.

The move follows an I-Team 8 investigation that uncovered how easily the online renewal system can be manipulated.

Indiana is only one of five states that requires that nurses use their licensing numbers (which are public record) and the last four digits of their social security numbers in order to renew their licenses online. I-Team 8 found that information can easily be accessed in certain public documents.

So far this year, I-Team 8 has learned there have been at least three women charged with identity theft or fraud for using another nurse’s license number in an effort to gain employment.

The most high profile of these cases involved Holly Whyde, who on Thursday was sentenced to two and half years in federal prison after pleading guilty to charges of aggravated identity theft and making false statements related to health care matters.

Holly Whyde made no direct apology or statement in court but answered questions presented by her attorney.

When asked if she was ready to go to prison to pay for what she did, Whyde replied: “Yes.”

When asked by her attorney, Brian Newcomb, if she did a horrible thing, she said: “Yes.”

Afterwards, Whyde was placed into the custody of the U.S. Marshals. It’s not clear where she will be assigned with the Bureau of Prisons.

Her husband declined to comment and brushed off questions from a reporter as he left the courthouse.

Prosecutors argued that Whyde “focused her life on crime” and concocted a scheme in which she stole the nursing license of a registered nurse and used it to obtain a high-paying job as the director of nursing at a Columbus, Ind. rehabilitation facility where she earned more than $100,000 annually.

Prosecutors argued that Whyde devised this scheme to hide her criminal history because that would have made it difficult for her attain such a high-paying lucrative job.

Whyde did – in fact – apply for and legitimately receive a license practical nursing license back in 2007.

U.S. Asst. Attorney Cindy Cho read portions of Whyde’s criminal history in court, which included arrests on theft and fraud charges in Marion, Johnson and Shelby counties dating back to the time Whyde was 16.

Now, 45 years old, Whyde told the judge that she takes medications for mental health treatment but understood the plea agreement. Under the terms, Whyde will spend the next 30 months in federal prison and be required to be under supervised release for two years after her prison term is up.

Prosecutors also allege that Whyde shared the same first and middle name as her victim, Holly Marie Aumick, and used that to her advantage by accessing the state’s professional licensing system online, changing Aumick’s personal information – including her address.

Whyde then used that information to contact Aumick’s college, Governor’s State University in Illinois, where she obtained a copy of Aumick’s college transcript. Prosecutors argue Whyde then used that information to her advantage, helping her secure a high-paying position she could not have earned with her qualifications as a licensed practical nurse.

Reached by phone, Holly Aumick told I-Team 8: “I think her punishment is just. I don’t know if it’s going to change her, federal prison – but I hope it does, gives her some time to reflect on what she’s done.”

Neither Whyde’s criminal past nor her illegal use of the state’s licensing system appear to have been detected by the Indiana Professional Licensing Agency or the Board of Nursing.

Trent Fox, a spokesman for IPLA, told I-Team 8 Thursday that he was checking on those issues and would report back.

The Indiana Attorney General’s Office filed a licensing complaint against Holly Whyde on June 1, 2016. Within the complaint, the attorney general’s office that Whyde lied about her past convictions in 2007 and 2008 when applying to renew her licensed practical nursing license. Those convictions typically would result in a nurse being called before the state’s board of nursing to answer questions and potentially face disciplinary measures.

It’s not clear if Whyde was ever called before the board. Online records show she had never faced a licensing complaint prior to June of 2016 despite having two convictions in both Marion and Johnson counties.

I-Team 8 requested information on why that was the case.

In an emailed statement, a spokeswoman for the Indiana Attorney General wrote:

The Attorney General’s Office does not have authority to file administrative licensing actions against license holders with the relevant Board unless someone – a member of the public or other governing/law enforcement body – files a complaint with the Office against the license holder and a subsequent investigation by the Office identifies potential wrongdoing. See IC 25-1-7-4. In the case of Holly Whyde, she lied on her renewal applications about her arrests and thus these issues were never brought to the AG’s Office, that is until she was recently caught impersonating another license holder. After Whyde was arrested for nurse impersonation in February, the AG’s Office was notified of the incident. After conducting its own investigation, the AG’s Office filed an administrative complaint against Whyde’s LPN license earlier this month. The AG’s Office did not file an emergency petition in this case because Whyde was already arrested and in custody, and thus did not present an immediate threat to the health and safety of the public which is the threshold for an emergency petition. As in other such cases where a criminal component is ongoing, the AG’s Office often allows the criminal case to proceed before taking administrative licensing action as long as there is no immediate threat to public health and safety.

An I-Team 8 investigation last month uncovered how easily nursing licenses can be manipulated. At the time, a spokesman for IA said he could not provide any information about Holly Whyde and noted that there were no pending policy changes regarding license renewals.

When nurses renew their licenses every two years, they are required to fill out a form asking if they’ve faced discipline or arrest since the last time they renewed. If a nurse answers “yes” to any of those questions, it came sometimes result in an appearance before the board.

In their most recent filing, prosecutors argued that Whyde impacted two lives in her alleged scheme by slightly altering Aumick’s social security number, she unwittingly affected the social security number of a cosmetologist in Tennessee, who possessed the actual number Whyde was using.

Court records show the 18-year-old made several failed attempts to leave the United States in hopes of supporting and perhaps joining the Islamic State in either Syria or Libya, according to prosecutors. He was arrested at an Indianapolis Greyhound bus station by FBI agents while attempting to board a bus headed for New York.

From there, prosecutors allege he was planning to board a plane bound for Morocco in hopes of joining ISIL in Libya.

A confidential informant told investigators that Musleh had researched possible terrorism targets in Indiana as recently as this spring, and shopped for – but never purchased – pressure cookers during a visit to a central Indiana Walmart.

The U.S. Attorney’s Office has not commented on the arrest of Musleh.

But his arrest has renewed concerns – both here and abroad – about what government agencies are doing to protect civilians from the threat of terrorism.

The answer isn’t entirely clear.

Indiana’s Intelligence Fusion Center, one of 78 across the country, was developed by the federal government after 9-11 to beef up counter-terrorism efforts in the United States. The center often works in secret with little to no acknowledgement form public officials.

But its director, Captain Charles Cohen with the Indiana State Police, says the fusion center’s mission over the past 10 years has evolved to include assistance with criminal investigations, cyber attacks and gang activity in addition its original task for aiding in counter-terrorism efforts.

“It’s evolved into all crimes and an all threats environment. So essentially, the fusion center is not operational – meaning the fusion center doesn’t do criminal investigations; it doesn’t do counter-terrorism investigations,” Cohen told I-Team 8 during a recent interview. “What it does do is act as a resource for those that do criminal investigations and counter-terrorism work to be able to share information among themselves and provide analytical support.”

Indiana’s Fusion Center was not involved in the investigation or arrest of Musleh.

Cohen said the fusion center’s role is not to investigate or arrest suspects in crimes. Instead, Cohen says the Indiana Fusion Center’s role is to act as a resource for law enforcement agencies who might need help with data analysis, surveillance, or evidence sharing.

When asked if the Indiana Fusion Center had a played a role in thwarting a terrorism threat in Indiana, Cohen said:

“It wouldn’t be appropriate to talk about specific investigations but I can say definitely that there have been items of concern – both international terrorism and domestic terrorism – that Fusion has been involved in and has provided analytical resources for,” Cohen said.

Fusion centers have earned their critics over the years.

Namely, the U.S. Senate’s subcommittee on investigations was highly critical of the fusion centers when it published a scathing report in October 2012.

The report that some fusion centers were “wasteful” when it came to government spending or produced intelligence that was “irrelevant, useless or inappropriate for the Department of Homeland Security.”

Cohen dismissed those criticisms but said he had read the report.

“I can’t speak for other fusion centers but I can say here at the Indiana Intelligence Fusion Center we have active involvement with the FBI . There is an analyst that works full-time here with DHS, The Office of Intelligence and Analysis, the TSA and others,” he said.

When he was discovered Sunday, Howell had three rifles, two 30-round magazines, explosives used in target shooting, a hood, a taser, a knife, a security badge and a five-gallon container of gasoline, according to newly released court documents.

Among the weapons found on Howell: an AM-15 .223 caliber rifle. This is an AR-style weapon that is prohibited under California law, the court records state.

Authorities say he was planning to attend a gay pride event in Los Angeles.

Newly released court documents show that police believed Howell’s large cache of weapons and the explosive called Shoc-Shot “would have posed a grave danger to both persons and property had the explosive detonated.”

“Based on this combination of materials it is my opinion that the defendant poses a significant danger to the community that is not reflected in the scheduled bail amount.”

It is for those reasons that authorities requested Howell remain in a California jail on a $2 million bail.

Prosecutors in California have charged Howell with several weapons charges after he was discovered Sunday with a cache of guns and explosives.

Authorities say James Wesley Howell, a 20-year old man from Jeffersonville, Ind., had planned to attend a Los Angeles gay pride event when officers discovered him after a suspicious activity call.

Santa Monica’s police chief initially reported that Howell indicated to officers that he planned to cause harm at that gay pride event. But hours later, police retracted that statement, saying on Twitter that Howell was “going to the event.”

The conflicting news set off a wave of increased tension because Howell’s arrest came hours after a deadly massacre at a gay nightclub in Orlando, Fla. where 50 people died (including the gunman) in the worst mass shooting in U.S. history.

Prosecutors plan to ask for a $2 million bail for Howell, according to the Los Angeles District Attorney’s office. He was scheduled to appear in court Tuesday.

Howell is charged with one felony count each of unlawful possession of an assault weapon, possession of a destructive device on a public street, manufacturing or importing large magazine and carrying a loaded firearm in a vehicle, according to a release from the DA’s office.

Howell was arrested about 5 a.m. Sunday in the 1700 block of 11th Street, near Olympic Boulevard by Santa Monica police officers. Howell was found near his car when officers responded to a report of a man knocking on a resident’s door and window.

If convicted, Howell faces up to nine years, eight months in local custody.

News of the state charges came after an FBI raid Monday night at Howell’s home in the southern Indiana.

Howell’s attorney, Bobby Boyd of Louisville, Ky., told I-Team 8 on Monday that his client did not intend on causing any harm. Calls placed to Boyd Tuesday were not immediately returned.

Wendy Osborne, a spokeswoman for the FBI’s office in Indianapolis, confirmed that agents from the Indiana regional office had executed a search warrant at Howell’s home Monday evening, but said the agents were executing it on behalf of the Los Angeles FBI office.

She would not provide further details about what was sought or what was discovered.

Tim Horty, a spokesman for the U.S. Attorney’s Office in Indianapolis, said the search warrant was filed under seal.

Authorities discovered Howell Sunday after receiving a suspicious activity call from a neighbor. Police say they discovered Howell in his White Acura with three assault rifles, ammunition and a binary explosive material that can used for target shooting inside his white Acura. I-Team 8 was told it was not uncommon for Howell to carry Tannerite because he liked to go target shooting. The Los Angeles Times was first to report that Tannerite was the substance discovered, citing an anonymous law enforcement official. UPDATE with clarification: However, court records later showed that the material was not Tannerite but Shoc-Shot, another binary explosive product that can be used in target shooting.

Howell is expected to be arraigned Tuesday on charges of state weapons and explosives charges in California, according to Laura Eimiller, a spokeswoman for the FBI’s office in Los Angeles. Indiana court records show he should not have possessed any weapons.

In October, Howell pleaded guilty to an intimidation charge. He also faces charges in Kentucky of speeding, reckless driving and fleeing and evading police.

According to a probable cause affidavit, Howell was accused of pointing at handgun at his neighbor and at a man with whom he had a relationship with earlier in the day. As part of that plea agreement, Howell was suppose to forfeit all of his weapons.

Kelly Dunn, a friend of Howell’s, said he has known the 20-year old Jeffersonville resident for more than a year. He says the two met through a car club. He said that Howell had no ill-will towards members of the LGBT community.

He said Howell is bi-sexual and had attended gay clubs and pride festivals in the Louisville-area.

INDIANAPOLIS (WISH) — The director of Indiana’s Department of Child Services wants the creators of so-called “baby boxes” to stop using them and discontinue any installation plans until the devices can be studied further.

DCS Director Mary Beth Bonaventura said she has “serious concerns” about the boxes and believes they are in conflict with state law, I-Team 8 has learned.

In a series of letters sent between DCS Director Mary Beth Bonaventura and the attorney for the Safe Haven Baby Boxes group, Bonaventura writes that she has “serious concerns” about the devices that her office contends are in conflict with the state’s Safe Haven law, which is designed to help parents give up their children to first responders without fear of prosecution.

“I want to be clear in stating that ‘baby boxes’ are not an authorized way to protect abandoned infants under current Indiana law.”

Bonaventura wrote that state law is clear, that “a person abandoning an infant surrender the infant to an actual person, defined as ‘an emergency medical services provider.’ Unfortunately, the anonymity associated with the ‘baby box’ does not allow this to happen nor does it give the surrendering individual an opportunity to provide critical information about the infant, included his or her age, date of birth, or health conditions. It could also trigger DCS investigation or action.”

The Safe Haven Baby Boxes founder, Monica Kesley, fired back Friday, vowing to continue her group’s work with plans to install two more by the end of year, making a total of four statewide.

“We will not shut these boxes down. They are legal in the state of Indiana, and we will continue to fight for these babies and these mothers so these mothers don’t think that dumpster is the only option they have for a complete anonymity surrender,” Monica Kelsey said during a phone interview with I-Team 8.

“We have been in operation for a couple of years now. We have a hotline that is 24 hours. We have had to date 769 women call our crisis hotline and we have done over 100 crisis pregnancy referral clinics for these moms. As of yesterday, we had three adoption referrals for mothers who wanted to place their child in a box, and we’ve also helped four women safely surrender their infants,” Kelsey said during a phone interview with I-Team 8.

In a series of letters between Bonaventura and Jim Bopp, the attorney for Kelsey and her group, the two wrangle over differing views of the state’s Safe Haven law.

Bonaventura argues an abandoned child has to be done in person to avoid prosecution. Her letters hint that the continued use of the boxes could result in a DCS investigation or criminal prosecution.

The letters were the result of secret meetings held between members of the Department of Child Services, the Indiana Department of Health, Gov. Mike Pence’s administration and members of the Safe Haven Baby Boxes group, including Kelsey, who has been an advocate for the cause of years and was abandoned at birth.

The first letter was sent around April 28, according to sources. Bonaventura wrote to the Maumee Township Trustee and the Woodburn Fire Chief expressing her concerns over the baby box installed at the fire station.

In the letter, she writes, “I have serious concerns for the safety of any child placed in a ‘baby box.”’

Kelsey admits that the devices have not been tested by federal regulators and that they are being measured by safety standards “that we came up with.”

Her attorney, Jim Bopp, told the Pence administration in a letter Thursday that the devices have undergone 15 months of testing and that the design was changed eight times “to develop a safe product.”

Kelsey would not disclose her organization’s safety records to I-Team 8 nor would she acknowledge that no baby has ever been dropped off in one of the two baby boxes installed in Michigan City or Woodburn.

But a board member for the Safe Haven Baby Boxes confirmed that it’s true – no baby has ever been dropped off in one of the devices and that they have been tested twice by first responders since inception.

“We are in this fight for the right reasons. We are in this fight to protect the child’s life and the mother from prosecution. We have never veered from that nor will we ever,” Kesley said.

A spokesman for DCS said he could not comment about the meetings and that Bonaventura was unavailable for comment.

A spokeswoman for the state’s department of health did not respond to an email asking questions.

But Kelsey, in a phone interview with I-Team 8, fired back at the state, saying it will have “blood on its hands” if it insists that future boxes not be installed.

“I will not confirm or deny that a baby has not been dropped off in one, we have had four safe surrenders with our program,” Kelsey said. “The safety protocols and procedures have been done for months. We had to do them ourselves because the department of health would not do them.”

Last fall, the Indiana State Department of Health told a panel of policy makers on the committee for children that it could not recommend the installation of the baby boxes because of concerns about their cost and efficacy.

Kesley and her group contend that the State Department of Health is shirking its responsibility to study the issue.

INDIANAPOLIS (WISH) — For the second time this year, federal prosecutors have charged an Indiana woman with posing as a nurse without a proper license.

Court records show that Ashley N. Johnson was arrested in May and charged with aggravated identity theft and false statements related to a health care matter.

Johnson is accused of using the nursing license numbers of two other women – both named Ashley Johnson — to apply for jobs at separate health care facilities in and around Indianapolis.

Federal prosecutors allege that Johnson applied for and gained employment at the Clearvista Lake Health Campus nursing home in April using the license number of another Ashley N. Johnson.

Shortly after the facility hired Johnson, she gave the wrong medication to a patient, court records state.

After that incident, the employer, Clearvista Lake, caught the error, according to court records.

The facility provided a statement to I-Team 8 that read in part:

Prior to her start date, we received completed background check form (which includes confirmation of active licensure) which showed all items clear, and no concerns.
The morning of April 25, we received an updated report from our background vendor stating Ms. Johnson was not a registered nurse as she had stated on her application. Ms. Johnson was not at the campus or scheduled to work on April 25.
Once we were notified of this licensure discrepancy, we completed an online complaint with the Indiana Attorney General’s office. Ms. Johnson was suspended and later terminated once it was confirmed she had falsified licensure information.
We appreciate the support from local law enforcement as we worked to resolve this issue. We are grateful to our leadership team and staff for their quick actions once this discrepancy was discovered.

I-Team 8 called a number listed in the federal courts for Ashley N. Johnson, the woman who answered the phone identified herself as “Ashley” but denied involvement.

“I was questioned about it, but it’s not true,” the woman said, also denying that she has agreed to plead guilty to charges.

Online court records show that Ashley N. Johnson has agreed, in fact, to plead guilty.

Court records show the Ashley N. Johnson is not a registered nurse and did not graduate nursing school.

Prosecutor reacts

“It’s a serious problem and hopefully the prosecution of cases like this addresses it,” U.S. Attorney Josh Minkler told I-Team 8 during an interview Tuesday.

Minkler said cases like this scare him – it marks the second time in six months that his office has filed federal charges against an Indiana resident accused of being an imposter nurse.

Earlier this year, Holly Whyde was charged with aggravated identity theft and making false statements related to health care matters after allegedly stealing the identity of a nurse from northern Indiana named Holly Aumick.

An I-Team 8 investigation last month exposed how easily these cases can occur.

The reason: Indiana’s online license renewal system can be easily manipulated, according to experts and an analysis of other states conducted by I-Team 8.

While state law requires that nurses renew their licenses every other year, most other states require the nurses to have a unique username and password when using the online renewal system.

Indiana relies on a nurses licensing number (which is public record) along with the last four of their social security number, which I-Team 8 found can easily be discovered with some digging through public records.

“I was not aware of this happening prior to this year, I can’t remember if ever happening. So the fact that it’s happened twice in such a short time period is a concern to me and something we are going to look into.”

Minkler said the filing of two federal cases within a six-month period is in part because investigators with the U.S. Department of Health and Human Services are “onto the scheme.”

The “other” Ashley N. Johnson, the victim, speaks

I-Team 8 interviewed Ashley N. Johnson, a registered nurse, who said she never worked for Clearvista Lake Health or applied to work there.

She said when the FBI called her in April to let her know that her nursing identity had been stolen, she thought it was a scam.

“I didn’t realize it was such a big thing for identity theft with our medical licenses,” Ashley N. Johnson, the registered nurse, told I-Team 8. “I was hoping that this lady hadn’t done anything crazy that I would have to go to court over or just defend myself as if ‘that’s not me.'”

I-Team 8 reached out to the Indiana Professional Licensing Agency for comment about if changes are needed, but did not get a reply.

The agency has been under scrutiny recently after a series of I-Team 8 investigations found the board of nursing failed to act in a timely manner, which led to 60 nurses receiving automatic renewals on their licenses. Some of them faced criminal charges or discipline before the board.

The nurses were granted automatic renewed licenses because the board failed to take action in time.

State law requires that the board take any action on a license within 120 days. I-Team 8 initially reported there were 44 nurses that were automatically renewed during the board’s March meeting. But a review of the February meeting minutes show that an additional 16 nurses were granted a license because the 120-day period had lapsed. All told, 60 nurses were granted active licenses because the Indiana State Board of Nursing failed to act in time.

Board of nursing chairwoman Natalie Hall has repeatedly declined requests for interviews. The board’s general counsel, Michael Minglin, told I-Team 8 that: “We are all concerned,” after a reporter pressed him for explanation. At the time, Minglin said that a board member had recently stepped down, creating a concern over a lack of quorum, rendering the board unable to take votes.

But a statement given to I-Team 8 this week from Frye contradicted that sentiment:

While there is currently one vacancy on the board, no board meetings have being canceled due to a lack of quorum. The Professional Licensing Agency and the State Board of Nursing oversaw the renewal of 109,936 licenses for the nursing profession from July 1 to October 31, 2015. Following the renewal cycle deadline, all renewal applications that warranted a personal appearance before the board – 1413 practitioners in total – were scheduled, which had to be completed within 120 days of the renewal being filed with the board pursuant to statute. At the conclusion of the 120 day statutory deadline, 33 licenses, not 44, of the 1413 total had not been acted upon, meaning they were automatically renewed. The board met nine times from Nov 1, 2015 to February 18, 2016 to try and review all of these cases.

Since action was not taken by the board, the only available option for recourse was to file consumer complaints against the practitioners (whose licenses were recommended for action and automatically renewed) with the Office of the Attorney General. It is important to note that the board may file consumer complaints with the Office of the Attorney General at any time against licensees who may have broken the law or could endanger the health and safety of the public, possibly resulting in disciplinary actions against the individual’s license if the Attorney General brings a case against the licensee before the board. The board took this action in filing complaints against the 33 practitioners.

On Thursday, Sen. Jean Breaux told I-Team 8 the issue was concerning and may warrant further scrutiny by lawmakers.

“It sounds like there is a flaw in that system that needs to be overviewed and evaluated,” Sen. Jean Breaux, D-Indianapolis said. “Thank you for bringing it to our attention.”

“It’s certainly something that we need to understand, and if there is a problem that’s allowing 44 nurses approved to operate in a licensed manner – and we have not reviewed them – then they should not be given the ‘OK’ to practice,” Breaux told I-Team 8.

Breaux is the ranking minority member of the Indiana Senate’s health committee. She says the issue may need to be looked at before the legislature resumes its work in January.

I-Team 8 reached out to Gov. Mike Pence’s office for reaction. As of Friday afternoon, we had not heard back.

A spokeswoman for the Indiana Attorney General did not respond to a request for comment Friday.

The board’s failure to vote on some renewal applications in March allowed 44 nurses to receive automatic renewals for their licenses.

The nurses, many of whom faced discipline, criminal charges or had questionable work behavior, were all granted automatic renewals because of a little-known state law.

State law requires that the board take action within 120 days.

If it fails to do so, the licenses will be automatically renewed.

“It sounds like there is a flaw in that system that needs to be overviewed and evaluated,” Sen. Jean Breaux, D-Indianapolis said. “Thank you for bringing it to our attention.”

Breaux is the ranking minority member of the Indiana Senate’s health committee. Breaux said that she thinks the issue needs a closer look and may require action before next year’s legislative session. She plans to potentially bring it up during a summer study committee.

“It’s certainly something that we need to understand, and if there is a problem that’s allowing 44 nurses approved to operate in a licensed manner – and we have not reviewed them – then they should not be given the ‘OK’ to practice,” Breaux told I-Team 8.

The board’s general counsel, Michael Minglin, said during an interview last month that the board lacked a quorum during its March meeting and did not have enough members to cast votes. But a statement from the executive director of the Indiana Professional Licensing Agency, Deborah Frye, contradicted some of Minglin’s points.

“While there is one vacancy on the board, no board meetings have been canceled due to a lack of a quorum. The Professional Licensing Agency and the State Board of Nursing oversaw 109,936 licenses for the nursing profession from July 1 to October 31, 2015. Following the renewal cycle deadline, all renewal applications that warranted a personal appearance before the board – 1,413 practitioners in total – were scheduled, which had to be completed within 120 days of the renewal being filed with the board pursuant to statute,” the statement read.

But that didn’t happen. The board wasn’t able to get all of its work done and the net result was nurses who the board felt should either not be renewed or at least be monitored were granted active licenses.

Erin Somerville was among them.

In February, Somerville told the board of nursing that she “did not feel ready” to practice. Two months earlier, West Lafayette Police found her “blue and barely breathing,” according to court records. The court records indicate Somerville and a man both admitted to overdosing on heroin while a small child was found crying in the next room. Somerville pleaded guilty in March to drug charges.

When we attempted to reach her, her grandmother said she was in a rehab facility.

Among the others renewed included: Katrina Motley, a nurse who as of June 2 was still facing criminal charges of writing illegal prescriptions as part of DEA investigation.

There were also nine nurses who the board had sought to deny a license after they failed to show up for their hearings.

Despite that, they were all renewed.

When I-Team 8 attempted to question the board about the discrepancy last month, the board’s president, Natalie Hall, refused to do an interview, saying that “she couldn’t do interviews.”

The board’s general counsel, Michael Minglin, said, “We are all concerned,” when I-Team 8 questioned him about the issues.

Frye refused a request by I-Team 8 for an on camera interview. Sen. Pat Miller, the long-standing chair of the Senate health committee, agreed to an interview but canceled on Friday. When we attempted to reschedule, an aide said she had rescinded the offer and asked that we contact IPLA.

Breaux placed some of the blame at the feet of Pence administration, alleging that the austere budgets for many of the professional agencies has led to problems.

“If this board is not functioning in the manner that it should, then there is a problem and we as a legislature need to fix that problem,” Breaux said.

An email sent to the governor’s spokeswoman seeking comment was not returned before news time.

INDIANAPOLIS (WISH) — A new counter-terrorism device aimed at detecting explosives and narcotics was used during the Indianapolis 500, I-Team 8 confirmed.

The public likely didn’t know it was in use, but a representative from a Pittsburgh-based company, ChemImage Sensor Systems, says his company was invited to field test its LightGuard system, a camera that can detect “explosives, chemical threats and narcotics on the surfaces of vehicles, personnel and other items,” according to its website.

Steve Mitts said his company worked in concert with other state and federal law enforcement agencies, setting up outside the Indianapolis Motor Speedway to randomly check about “10 to 15 percent” of the vehicles going into the Indianapolis Motor Speedway.

No explosives were detected, and security at the 100th running of Indianapolis 500 was deemed to be a success by law enforcement officials, who met Wednesday during the state’s counter-terrorism council meeting to discuss security details at the event.

News of the LightGuard’s existence surfaced at that meeting, but Indiana State Police at the meeting would not discuss it in detail.

“It’s kinda brand new cutting edge stuff,” said Mitts, who is the director of sales for ChemImage Sensor Systems. “There is not any other system out there that can detect threats from tens to hundreds of meters away in a matter of seconds without any interrogation. There are no harmful x-rays, nothing like that. It’s autonomous. It’s basically just a camera out there.”

Mitts said the LightGuard systemhas been sold to government agencies both in the U.S. and abroad and has been tested in overseas combat theaters like Afghanistan and Kuwait.

There is no current plan for any state agency in Indiana to purchase one, Mitts said.

“So the purpose is to detect if there (are) chemicals on a vehicle or on a surface that shouldn’t be there. So for instance, if you had an amount of explosive residue say on the door handle of the vehicle. Maybe it’s something that indicated that might be something more at play there,” Mitts said. “It’s a situational awareness tool that will allow the user using it to say maybe we want to take a closer look at that vehicle or that person.”

“We were only at one of the gates. It was random screening. We didn’t have time to screen the 350,000 that came in,” Mitts said during an interview with I-Team 8’s Bennett Haeberle. “We didn’t want to slow down or be a burden to the paying customer. But if we could provide some security and support with random screening, that’s what we were doing.”

Mitts said the device will need more field testing to determine if it could be of some benefit to event screenings. And because it’s mostly been used in military operations, Mitts said the Indianapolis 500 served as a learning experience for his company and its technology.

“From that perspective it was beneficial.” Mitts said.

During Wednesday’s counter-terrorism council meeting, representatives from the U.S. Attorney’s Office and Indiana National Guard praised the efforts of Indiana State Police, who were in charge of security at the Indy 500.

“Our ability to share resources and share information makes us more effective and more efficient at providing better security for the state of Indiana,” said Adjutant General Courtney Carr of the Indiana National Guard. “I thought it went amazing. I thought the crowd control was excellent. Traffic management was excellent. It’s one of the biggest venues of the year and in terms of a potential target, it certainly has that potential to be a threat. The state police working with inter-agency partners did a tremendous job.”

David Kane, the executive director for the Indiana Department of Homeland Security, said the efforts to coordinate the security detail took months of planning.

“We live in a dynamic world and threats will never be eliminated. What we do is manage risk and manage threats,” Kane said.

INDIANAPOLIS (WISH) — Dozens of nurses facing discipline, criminal charges or even approval by the state’s board of nursing were all granted licenses after the board failed to vote in a timely manner, an I-Team 8 investigation has uncovered.

One nurse was the subject of a DEA investigation.

Another was charged with dealing marijuana.

A third told the board she wasn’t ready to practice after she overdosed months earlier on heroin.

Nine other nurses seeking renewal were supposed to be denied a license.

Despite this, 44 nurses were granted active nursing licenses because of a legal loophole in state law.

Indiana law requires that the board take action to grant, deny or renew a nursing license within 120 days. During its March meeting, the board lacked a quorum after a board member resigned. As a result, the board could not vote on many nurses seeking renewal.

“Board members don’t give interviews”

A copy of the board minutes, obtained by I-Team 8 through an open records request, shows that at least nine nurses failed to show up and were supposed denied a renewal of their nursing license. But the minutes read, “Per operation of law this individual had to be renewed before the board could vote on this recommendation, as the 120 days will lapse.”

Board President Natalie Hall declined to comment, only saying, “I’m not allowed to give interviews.”

When pressed further for an explanation, Hall repeated herself and General Counsel Michael Minglin interrupted, saying “board members don’t give interviews.” When asked why, he said, “because you are going to ask about the votes they made.”

Minglin did later offer an explanation as to why the board was unable to act.

“It’s a timing issue as to whether they can be seen within the respective 120 days. There were several that didn’t make it,” Minglin added.

When pressed about whether the board was troubled that many of nurses were granted active nursing licenses – even those the board had sought to deny – Minglin said: “We are all concerned.”

“There would have to be a legislative fix. As long as the legislature is requiring that they take action within 120 days, we have no control over whether or not we have a quorum on a given month,” Minglin said.

Minglin said the issue has not come up before but that future meetings could be threatened as long as there is a vacancy on the board. I-Team 8 asked for a copy of the resignation letter for Cece Smith, the nurse who stepped down but had not received it prior to news time. A spokesman for the Indiana Professional Licensing Agency said that he received our open records request seeking the letter.

There is no oversight over the board’s decision, attorneys with knowledge of the board’s workings point out. All of its members are appointed by Governor Mike Pence.

Not ready

Among those approved during the March meeting was Erin Somerville.

During a personal appearance before the board, Somerville told its members she was “not ready” to return to work as a nurse. Two months earlier, court records show that two West Lafayette police officers had discovered Erin “wedged up against a bedroom door.” She was “blue in the face and barely breathing,” according to the court records.

She later admitted to overdosing on heroin.

When I-Team 8 attempted to reach her, her grandmother said that she wasn’t home and was seeking treatment at a local hospital.

I-Team 8 attempted to reach out to more than a dozen of the nurses. Some couldn’t be reached, others through their attorneys declined to comment.

Katrina Motley was among them. She is facing criminal charges for Medicaid fraud and using a fictitious registration number. She has so far pleaded not guilty but has an upcoming court date in June.

INDIANAPOLIS (WISH) — The online system that Indiana nurses use to renew their licenses falls short of other states’ security measures, which could leave Indiana nurses open to identity theft, an I-Team 8 investigation found.

At least 31 states require a user to create a unique username or password. Indiana nurses are asked to use their licensing number (which is public record) and the last four digits of their social security number to log in to the state’s online renewal system.

I-Team 8 found that system can easily be manipulated because the last four digits of a person’s social security number can often be found if the person has faced criminal charges, been the victim of crime, filed for bankruptcy or has been a party in a lawsuit.

“It’s very easy,” said attorney Lorie Brown, who is also a registered nurse and represents nurses called before the state’s board of nursing when questions emerge about their renewal applications. “I think like any internet security, your password should be unique to you.

“I would like to see the password changed. What has been happening is that employers for physician groups or nurse practitioners will go ahead and renew for the nurses. And that is fraud.”

With just a few keystrokes, Brown agreed to show I-Team 8 how easily she could log into the system and update or change her address. The change required no authorization from the state.

After conducting a thorough search of board of nursing minutes and disciplinary complaints filed against nurses, I-Team 8 found instances in recent years where employers had sought to renew the licenses of their employees.

Another nurse had asked her office manager to renew her license.

There were a handful of other cases where nurses faced probation or suspension because they had practiced beyond the scope of their license.

Our investigation also found that Indiana has no mechanism to track nurses who might abuse this system.

Other states like California, Kentucky, North Carolina, Louisiana and Texas all provide imposter alerts in an effort to warn the public.

Imposter nurse in Indiana still has ‘active’ license

Holly Whyde spent more than a year working as the director of nursing at a rehabilitation center in Columbus, Indiana.

The only problem was – she was using someone else’s nursing license.

Federal prosecutors allege that Whyde, a licensed practical nurse, had stolen the nursing license of Holly Aumick – a registered nurse from Lowell, Indiana – and was using it to gain employment.

Her attorney, Brian Newcomb, turned down an interview request but said his client remains in federal custody at a prison in Kentucky.

No date has been set for her change of plea hearing.

An I-Team 8 investigation found that Whyde’s case may have helped expose a weakness in Indiana’s nursing system that can easily be manipulated.

“It was shock, it was disbelief,” Holly Aumick said from her northwestern Indiana home during an exclusive sit down interview. “Why would someone do this? How did she do it?”

While it’s not clear how Whyde obtained Aumick’s social security number, court documents show Whyde not only used Aumick’s social security number to obtain employment, but she applied for and received Aumick’s college transcript and even used Aumick’s maiden name and claimed later on an employment application that “Aumick” was her maiden name.

Aumick told I-Team 8 that she first noticed a discrepancy with her address in 2013, but was told at the time that it was a clerical error.

“When I contacted the Indiana Professional Licensing Agency, they went and said it’s just a clerical error, we’ve reset anything, you can renew your license,” Aumick said. “When it happened again in 2015 I thought there is definitely something wrong.”

Despite her plans to plead guilty to federal charges, Holly Whyde’s LPN license remains active. The state’s board of nursing has taken no disciplinary actions against her.

IPLA claims it does not have the authority to take action, and instead, must wait until charges are brought by the Indiana Attorney General’s Office. I-Team 8 has been examining the case loads related to these issues.

Trent Fox, a spokesman for IPLA, provided I-Team 8 with this response:

The Indiana Professional Licensing Agency (IPLA) has not received information from the Office of the Attorney General (OAG) regarding an investigation concerning either Holly Aumick or Holly Whyde. In the event of an individual suspecting identity theft, IPLA staff directs them to the OAG’s Identity Theft Unit, which assists identity theft victims and provides investigative services to help promote the prosecution of identity thieves. Additionally, the OAG’s Identity Theft Unit provides educational resources to teach Hoosiers how to protect their identities. Investigations conducted by the OAG are confidential, as are consumer complaints. Therefore, IPLA does not have authority to release information pertaining to either unless action is taken by the OAG.

I am not aware of any proposals to increase requirements for licensees to complete online renewals. When the Indiana State Board of Nursing is notified that an individual is allowing someone else to renew their license, they are brought before the board for a personal appearance. In such a scenario, the matter is referred to the OAG as a consumer complaint.

Here’s the statement I-Team 8 received from Indiana Attorney General Greg Zoeller’s office:

Unlicensed practice of nursing is a criminal offense. A person who entirely lacks a nursing license and impersonates a licensed nurse by treating patients is committing a crime and could be criminally charged by the prosecutor. If the individual steals a real person’s identity in order to carry out such a fraud, the imposter also could be criminally charged with identity theft, forgery or other offenses. By law, health care facilities are prohibited from hiring unlicensed persons to positions requiring health care licensing. Moreover, if a nurse imposter performed nursing services that later were reimbursed by Medicaid, the Medicaid program could seek to demand repayment since the services were ineligible for coverage. Questions about nurse imposters should be directed to the county prosecutor.

The Attorney General’s Office has a limited role with regard to the enforcement of nurse imposters and some enforcement of licensees who exaggerate or misstate their qualifications. If the AG’s Office receives a complaint about an alleged nurse imposter, it will investigate the allegations, and if they are substantiated it will file a Cease and Desist petition with the Board of Nursing. A Cease and Desist petition is a court-enforceable demand that an individual stop their behavior in order to protect the health and safety of the public. Whether to issue a Cease and Desist order, however, is entirely up to the Board of Nursing, which sits as jury and judge of administrative licensing matters. Any further criminal charges or prosecution would be the jurisdiction of a prosecutor. The AG’s Licensing Enforcement Division also can file administrative action with the Board against a licensed individual for acting outside of the scope of his or her license. Again, the AG’s Office only has authority to investigate and take action if the Office receives a consumer complaint against an individual or license holder. The Board ultimately determines whether there was a violation by a license holder – and if so, what the penalty would be, such as reprimand, suspension or license revocation or fines.

When there is an immediate threat to the health and safety of the public, the AG’s Office has authority to pursue emergency disciplinary licensing actions, which would include a Cease and Desist petition in some cases or a Summary Suspension Petition. Summary Suspension Petitions suspend an individual’s license immediately, if approved by the Board, and are used in cases where a licensed individual’s actions demonstrate a clear risk to public health and safety or often when there is a criminal case against the individual. The AG’s Licensing Enforcement Division filed at least 19 Summary Suspension Petitions against licensed nurses since the start of the year.**

**(as of April 28, 2016).

In addition to potential confidentiality and due process issues, the policy changes you are suggesting, however, such as creating a photo database or registry, are policy choices that would be most appropriately addressed by changing Indiana laws and administrative rules which could be done only by the Legislature (through passing new laws and appropriations) or by the Board of Nursing (by adopting new rules) or both. The AG’s Office does not have clear authority to unilaterally make policy in this regard. We refer you to the Legislature, the Board of Nursing, county prosecutors and law enforcement. The AG’s Office is always willing to listen to our government clients in the Legislature, Board of Nursing or other agencies who want to pursue new proposals to protect consumers, though as mentioned, statutory changes and rule changes are up to those agencies, not us.

INDIANAPOLIS (WISH) — Democratic presidential hopeful Sen. Bernie Sanders, D – Vermont, did not mince words during a campaign stop in Indianapolis Tuesday morning when he disparaged United Technologies, the parent company of Carrier. The company announced months ago that it would relocate 1,400 Indianapolis jobs to Monterrey, Mexico.

“I am going to tell United Technologies, you are not going to get away with this,” Sanders said after having breakfast inside Fountain Square restaurant, Peppy Grill. “You are not going to give former CEO a $171 million severance package.”

“This is the type of greed that in fact is destroying the middle class in this country.”

Sanders did address reporters after breakfast, but he wanted to only discuss trade issues, which he says he hopes will resonate with voters in Indiana.

“This is not a case where people think the workers here are not productive. The company acknowledges that. It is simply greed. They can make more money moving to Mexico paying people $3 to $4 an hour. It is unacceptable,” Sanders said.

Sanders suggested that the federal government should “reconsider” giving profitable defense contracts to United Technologies if it or any of its companies move jobs out of the United States.

When pressed for clarification by I-Team 8’s Bennett Haeberle, Sanders said: “I think that the taxpayers of this country do not feel good about awarding profitable defense contracts to a company that is in the business of destroying thousands of lives. And I think that should be taken into consideration.”

A call placed to a company spokesman for United Technologies was not returned before news time Tuesday.

Sanders spent almost an hour inside Peppy Grill, a 24-hour restaurant in the Fountain Square neighborhood on the southeast side of downtown Indianapolis.

He met with Chuck Jones, the president of the United Steelworkers Local 1999, which has represented Carrier workers for decades.

“If United Technologies thinks that they are going to do this, that they are going to cause this much pain to so many families, and they are going to get away with this with impunity. They are wrong,” Sanders told a small group of reporters outside Peppy Grill.

Sanders also took time to blast trade deals like NAFTA and others that he said have hurt the middle class.

He also chided his democratic opponent, former Secretary of State Hillary Clinton, who he said has supported these “disastrous” deals. Sanders also criticized Republican hopeful Donald Trump, saying he jumped on the Carrier issue because it was politically popular to do so.

When asked if that was something he had in common with Trump or if he would work with Trump on that issue, he said: “Donal Trump lives in his own world.”

Sanders was scheduled to make additional campaign stops in Kentucky Tuesday, where the Democratic primary will be held later this month.

]]>Tue, 03 May 2016 23:38:40 +0000Bernie SandersState seeks injunction to close daycare after child’s deathhttp://wishtv.com/2016/04/27/state-seeks-injunction-to-close-daycare-after-childs-death/
Wed, 27 Apr 2016 20:58:53 +0000http://wishtv.com/?p=414764]]>INDIANAPOLIS (WISH) — The state of Indiana has ordered a Speedway daycare to “cease and desist” from operating followingthe death of a child earlier this month.

Indiana’s Division of Family Resources wants a judge to issue an injunction closing the facility after the child’s death, which the state says “was the result of inadequate supervision” by the Miracles and Blessings Daycare Ministry, according to a complaint filed this week in Marion Superior Court.

The filing follows an emergency closure order issued against the daycare facility last week after state inspectors found conditions there posed “an immediate threat to life and well-being of children.”

On April 6, 10-month old Taliah Brigham was found unresponsive in a car seat. According to the court records filed Monday, Brigham was left “unattended while partially restrained in a car seat. The child slipped and her airway was obstructed.” Brigham died the next day, authorities said.

While no official cause of death has been released, the court documents filed this week paint a clearer picture of what may have led to Brigham’s death. The Marion County Coroner’s Office reported the child was 11 months old, but both authorities and the child’s obituary list her as 10 months old.

When authorities and paramedics arrived on April 6, they discovered one daycare worker performing CPR on the child. Authorities also said there was one worker and 36 children in the facility.

However, the most recent court records filed by the state’s Division of Family Resources note that there were 26 children to one staff member. On April 6, inspectors with the state also found additional problems in need of correction. Among them:

Four Miracles and Blessings Daycare staffers did not have criminal histories on file.

No thermometer was present in the facility’s refrigerator.

Food was not stored in a safe and sanitary manner.

Cribs in the nursery were not sanitized.

No sanitizing solution was present in the diaper changing station.

Inspectors also noted that the daycare’s managers also failed to notify the Division of Family Resources or the Department of Child Services of the child’s death.

During a follow-up inspection of the daycare facility on April 11, inspectors also found that children were at times “left unsupervised while caregivers attended to other tasks.”

Supplemental documents note that caregiver Jackie Murray left the large room “seven times to exit the room to unlock the door; leaving children with no caregiver in the room during the duration of the visit to the front room.”

I-Team 8 reached out to Miracles and Blessings Daycare, but our phone message was not immediately returned. Previous phone calls and emails to the facility’s owner have also not been returned.

MARTINSVILLE, Ind. (WISH) — At least five Morgan County courthouse employees have been temporarily evicted from their offices after high levels of mold and radon were detected in two county buildings.

Under doctors’ orders to stay away from the buildings, three employees sat in lawn chairs Monday outside of the county’s administration building.

“Well, we have been told that we need to report to the front of the building,” said Carrie Martin. “For the majority of the day on Friday I stood out here.”

“We could be doing work if work was brought out to us,” said Martin, who mentioned the mold evicted her and co-worker from their office in the microfilm office in the basement of the county courthouse.

“It’s very frustrating because that’s what we are here to do – to do our jobs,” Martin said.

Recent lab tests that found high levels of black mold in the walls at the county’s courthouse.

While air tests were found to be acceptable, high levels of mold were detected in the air of the attic of the courthouse, the tests show.

But Dr. Dianna Catt, a microbiologist hired by the county, told I-Team 8 Monday she could not find the source of the growth, which is why she is recommending the courthouse’s air ducts be cleaned.

That has created another delay in removing the mold, County Attorney Rodric Bray said.

Contractors who had already submitted bids to do the mold remediation are now being asked to come back this week or next to given updated quotes.

“It’s urgent and frustrating. We are trying to fix this as quickly as possible because of the productivity loss, and we need to keep in the front of our minds the health of our employees,” Bray said.

There are now growing concerns about high radon levels detected in both the courthouse and the administration building, County Attorney Rodric Bray told I-Team 8.

Further tests are needed, Bray said, and it could be at least two weeks before those are conducted, he said.

This is not how Michelle Asher envisioned her Monday.

“Absolutely not,” she said. “We have an incredibly busy week this week with (child support), as we do every week.”

Asher, a second deputy in the county’s child support office, said there have been long-standing issues with mold and the county’s courthouse.

“Our concern is for our health. We are trying to do our job, you can’t help but understand that this is taking away from the ability to do the job,” Asher said.

In 2004, the county was cited by the U.S. Department of Labor because of mold issues, I-Team 8 learned through Indiana’s Occupational Safety and Health Administration.

Complaints about the mold were filed with same office in March of this year. The Indiana Department of Health tested the air in the courthouse earlier this year but found nothing.

It was only after the county hired Monrovia-based Mold Diagnostics that tests revealed high concentrations of black mold in some areas.

But years before that, in 2008, WISH-TV chronicled how a storm damaged the roof of the courthouse and led to water entering the building.

In 2013, county employees said leaking pipes inside the building caused additional water damage they believe contributed to the mold problem.

The station’s archives also show that employees had complained in the past about foul odors, headaches and feeling poorly.

“We are going to keep them working as best we can and make them as productive as we can. But we can’t spend tens of thousands of dollars running computer and phone line equipment it’s going to take two or three weeks at the very quickest to get those in,” Bray said.

Rather than do that, Bray said, they are working on a plan to get rid of the mold and test again for radon.

As of 5:30 p.m Monday, Bray sent an updated email to I-Team 8 stating that county employees who have health concerns will be temporarily moved to the county’s 911 center.

There is still not timetable to remove the mold.

I-Team 8 attempted to take the concerns of county employees to County Commissioner Norman Voyles Monday.

After identifying himself, Voyles said: “I don’t have anything else to say to you. You can call the county attorney. You can take your camera and leave.”

He refused to answer follow-up questions and walked out of his office.